Travel without I797A


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Posted

My friend left US 8months ago due to some family problems. He has a valid H1B stamp. He recently got a job back in US and H1 transfer got approved. He is traveling to US now but he doesn’t have a physical or digital copy of his I797A as it got stuck in mail and didn’t get delivered on time.

 

will his entry into US be denied? 

Posted

While a person can enter the US with an H1B Visa issued to one employer to enter the US to work for a different employer, they must also have with them AND present the new employer's H1B Approval Notice. The CBP Officer admitting such a person will not know who the person is coming into the US to work for and admission and I-94 expiration date will be in accordance with the former employer's H1B and the Visa. There is some risk that such an entry could be interpreted by USCIS/CBP as a fraudulent entry as the admission was not actually for the employer identified on the Visa in the passport.

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